GBS: Filings Roundup for Tuesday, September 1


  • A coalition of Dutch publishers sent in letters in opposition. I haven’t read through them all, but the letters appear to be substantially the same, just written out on each publisher’s own letterhead. The themes concern the inappropriateness of the U.S.-focused settlement for European rightsholders.
  • Lynne Garner, of Foxglove Close, Bishop’s Gate, Bishop’s Stortford, Hertfordshire, filed an objection stating, “The extremely low amount being offered to authors whose rights have been infringed is unfair and unjust. An on-going payment should be received by the author (or their heirs) until the copyright has lapsed as set down in US law. If this ongoing payment is not forthcoming they should not be able to use the work as such time as the law allows them to.” As the settlement does provide for ongoing payments based upon sales and advertising revenue, this is not a persuasive ground of objection.
  • Scott James (a/k/a Kemble Scott), author, filed what appears to be the same letter in objection he filed on August 10.
  • Andrew DeVore, the lawyer who won the four month extension on behalf of the Steinbeck estate and other authors, filed an appearance on behalf of a smaller group of authors led by Arlo Guthrie. I expect an objection soon.
  • Shirley Saed, of Dickstein Shapiro, entered an appearance on behalf of four professional associations for photographers and graphic artists, plus four individuals. Their specific position remains to be seen.
  • Amazon, as expected, filed in opposition. The brief is a sophisticated blend of copyright, class action, and antitrust law.